Moody v. Leverich
New York Court of Common Pleas
John A. Moody sued E. B. Leverich and R. H. Allen, in the New York marine court, alleging that plaintiffs engaged him as superintendent of their machine shop for one year, at a yearly salary of three thousand dollars, payable in monthly installments of two hundred and fifty dollars, and wrongfully discharged him in June, 1870; that he had continued ready to serve, and had offered to do so ; that the monthly payments for September and October, 1870, were due him, for which he…
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John A. Moody sued E. B. Leverich and R. H. Allen, in the New York marine court, alleging that plaintiffs engaged him as superintendent of their machine shop for one year, at a yearly salary of three thousand dollars, payable in monthly installments of two hundred and fifty dollars, and wrongfully discharged him in June, 1870; that he had continued ready to serve, and had offered to do so ; that the monthly payments for September and October, 1870, were due him, for which he demanded judgment, with interest,. &c. The defense was that in a former action he had recovered, on the same facts, the…
1Opinion of the Court
By the Court.*—C. P. Daly, Ch. J.
This action is founded upon the assumption that if the contract for the hiring of the servant is for a year, at a salary payable in monthly installments, and the master wrongfully dismisses the servant before the expiration of the year, that the servant, after his dismissal, may sue for and recover each installment as it becomes due, if he has held himself during the time ready and willing to render the service contracted for. That there is, in other words, in such a case, a constructive service on the part of the servant.
This idea of a constructive- service…
2Cases cited10 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- Bendernagle v. CocksNew York Supreme Court · 1838
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Pennsylvania Co. v. DolanIndiana Court of Appeals · 1892
- Milage v. . WoodwardNew York Court of Appeals · 1906
- McMullan v. Dickinson Co.Supreme Court of Minnesota · 1895
- Richardson v. Eagle Machine WorksIndiana Supreme Court · 1881
15 more not listed; retrieve them via the Exa API.